Document Content

CIRCULAR

Guiding the implementation of a number of provisions of the government’s Decree No.158/2005/ND-CP of December 27 2005, on civil status registration and management

Pursuant to the Government's Decree No. 62/ 2003/ND-CP of June 6 2003, defining the functions, tasks, powers and organizational structure of the Justice Ministry;

Pursuant to the Government's Decree No. 158/ 2005/ND-CP of December 27, 2005, on civil status registration and management;

In order to ensure the uniform implementation of the provisions on civil status registration and management, raise the state management efficiency and create favorable conditions for individuals and organizations to perform the civil status registration rights and obligations, the Justice Ministry guides the implementation of a number of provisions of the Government's Decree No. 158/2005/ND-CP of December27, 2005, on civil status registration and management, as follows:

I. GENERAL PROVISIONS

1. Time for settlement of civil status affairs

The time for settlement of civil status affairs prescribed in Clause 2 of Article 18, Clause 2 of Article 27. Clause 2 of Article 30. Clause 3 of Article 31, Clause 2 of Article 34. Clause 2 of Article 38, Clause 2 of Article 45. Clause 2 of Article 48. Clause 2 of Article 59 and Clause 1 of Article 67 of the Government's Decree No. 158/ 2005/ND-CP of December 27,2005. on civil status registration. and management (below referred to as Decree No. 159/2005/ND-CP). is calculated in working days.

2. Handling of requests for civil status registration

a/ For civil status registration not settled within a day. dossier-receiving officials shall issue appointment cards, clearly stating the date of returning the results to the persons concerned.

b/ When dealing with civil status registration dossiers, dossier-receiving officials should heed that:

- If the cases fall beyond their jurisdiction, they shall guide the persons concerned to contact competent bodies for settlement:

- If the civil status registration dossiers are incomplete or invalid, they shall guide the persons concerned in writing. The written guidance must fully and clearly state each type of to-be-supplemented paper, must be signed by the dossier-receiving officials with their full names and handed to the persons concerned. The handling duration is calculated from the date of receipt of complete and valid papers.

c/ If they deem the conditions prescribed by the civil status law are not fully met. civil status registration offices shall refuse the registration. The refusal must be notified in writing to the persons concerned. The written refusal must clearly state the reasons therefor, be signed by heads of civil status registration offices and stamped by civil status registration offices.

3. Inscription of the administrative-place names in civil status papers, civil status books

Upon any change in administrative-place names, the section for inscription of administrative-place names in civil status papers, civil status books will be displayed as follows:

a/ Upon registration of civil status incidents (on-time registration, late registration, re-registration).the administrative-place name section in civil status papers and civil status books will be filled in with new administrative-place names.

b/ Upon re-issuance of originals of birth certificates, the administrative-place name section in the birth certificates will be filled in with the administrative-place names already inscribed in birth registration books; the administrative-place name section in the upper left comer of the birth certificates will be filled in with new administrative-place names.

c/ Upon issuance of copies of civil status papers from civil status books, the administrative-place name section in civil status papers (including the upper left comers and contents of civil status papers) must be filled in with the administrative-place names already inscribed in the civil status books.

4. Recovery and cancellation of civil status papers

a/ For civil status papers issued before April 1, 2006 (the effective date of Decree No. 158/2005/ ND-CP), which are now detected as being contrary to legal provisions on civil status at the time of registration, the recovery and cancellation thereof also comply with Decree No. 158/2005/ND-CP, except the marriage registration which breaks the marriage conditions prescribed by the Law on Marriage and Family (the cancellation of marriage registration in this case falls under the jurisdiction of People's Courts).

b/The agencies which issue decisions to recover or cancel civil status papers shall notify such to the agencies which effected the civil status registration for making notes in civil status books and. at the same time, to the persons concerned.

II. CIVIL STATUS REGISTRATION

1. Birth registration

a/ Competence to make birth registration mothers' places of residence

Under Clause 1 of Article 8 and Cause I of Article 13 of Decree No. 153/2005/ND-CR birth registration for children shall be carried cut at the People's Committees of communes, wards or townships (below referred to as commune-level People's Committees.) where the mothers register their permanent residence: if the mothers do not have their places of permanent residence registration, birth registration for their children shall be carried out at the commune-level People's Committees of the localities where the mothers register their temporary residence.

When a mother has her place of permanent residence registration, but is actually living and working stably at her place of temporary residence registration, the commune-level People's Committee of the place where the mother registers her temporary residence is competent to carry out birth registration for her child. (For example: Mrs. T registers her permanent residence in Dinh Bang commune, Tu Son district. Bac Ninh province, but stably works and gave birth to her child at the place of her temporary residence registration, that is Tan Tao ward, Binh Tan district. Ho Chi Minh City, the People's Committee of Tan Tao ward is also competent to carry out birth registration for her child). In this case, the commune-level People's Committee which has made the birth registration shall notify such to the commune-level People's Committee where the mother has registered her permanent residence. The "notes" column in the birth registration books must be inscribed with "birth registration at the mother's place of temporary residence."

b/ Competence to carry out birth registration under Clause l,Article 96 of Decree No. 158/2005/ ND-CP Under Clause 1 of Article 96 of Decree No. 158/2005/ND-CP, the provisions on birth registration in Section 1. Chapter II of Decree No. 158/2005/ND-CP also apply to birth registration for the cases specified at Points a, b, c, d and e of Clause 1, Article 96 of Decree No. 158/2005/ND-CP. The competence to carry out birth registration for these cases is determined as follows:

- Birth registration for children born in Vietnam, whose parents are overseas Vietnamese, will be carried out at the commune-level People's Committee of the locality where the mother or the father resides while in Vietnam.

- Birth registration for children born in Vietnam, whose father or mother is Vietnamese citizen living at home while the other person is overseas Vietnamese, will be carried out at the commune-level People's Committee of the locality where the person being Vietnamese citizen residing at home.

- Birth registration for children born in Vietnam, whose parents are foreigners or stateless persons permanently residing in Vietnam, will be carried out at the commune-level People's Committee of the locality where the mother or the father resides. The competence to carry out birth registration at the place of residence of the mother or the father is determined as for birth registration for children born in Vietnam, whose parents are Vietnamese citizens residing at home.

- Birth registration for children with either parent being a foreigner or stateless person permanently residing in Vietnam while the other is Vietnamese citizen residing at home will be carried out at the commune-level People's Committee of the locality where the person being Vietnamese citizen resides.

- Birth registration for children born in Vietnam with either parent being Vietnamese citizen permanently residing in the border region while the other is citizen of a neighboring country, permanently residing in an area bordering on Vietnam will be carried out at the commune-level Peoole's Committee of the locality where the person being Vietnamese citizen resides.

c/ Determination of the competence to carry out birth registration for children born in Vietnam with either parent being Vietnamese citizen residing at home while the other is overseas Vietnamese

For birth registration for children born in Vietnam, with either parent being Vietnamese citizen residing at home while the other is overseas Vietnamese who bears foreign nationality, the birth registration competence is determined based on the valid passport of the person being overseas Vietnamese. If the persons concerned produce Vietnamese passports, birth registration for their children may be carried out at commune-level People's Committees as provided for at Point b, Clause 1. Article 96 of Decree No. 158/2005/ND-CP; if they produce foreign passports, birth registration may be carried out at provincial/ municipal Services of Justice as provided for in Articles 49 and 50 of Decree No. 158/2005/ND-CP.

This guidance also applies to birth registration for children born in Vietnam, with both parents being overseas Vietnamese.

d/ If children are born overseas, with both parents being Vietnamese citizens, who have not yet made birth registration overseas for their children and later return to reside in the country, the provisions of Section 1. Chapter II of Decree No. 158/2005/ND-CP and the guidance in this Section will also apply. The "notes" column of the birth registration books must be inscribed with "children born overseas, with birth registration no; yet carried out overseas."

e/ If children are born overseas and brought back by their mothers, who are Vietnamese citizens, to live in Vietnam, the provisions on birth registration for out-of-wedlock children in Section I. Chanter II of Decree No. 158/2005/ND-CP and the guidance in this Section will also apply when:

- Birth registration for such children has not been carried out overseas:

- The mothers of such children have not registered their marriages.

If the mothers make declarations about the children's fathers, the fathers shall carry out procedures to recognize their children according to law.

The ''notes" column of the birth registration books must be inscribed with "children born overseas and their birth registration has not been carried out overseas".

f/ Determination of family names and native places

Upon birth registration, children's family names and native places are determined by the family names and native places of their respective fathers or mothers according to customs or agreement of their fathers and mothers.

In case of birth registration for out-of-wedlock children, if decisions on recognition of fathers for such children are not available, the children's family names and native places are determined by their mothers' family names and native places.

g/ Birthplace inscription

If infants are born at medical establishments, the names of such medical establishments and the names of the administrative places where the infants are born will be recorded (Example: Hanoi Obstetrics Hospital or Health Station of Dinh Bang commune, Tu Son district. Bac Ninh province).

If infants are born outside medical establishments, the names of administrative places (commune/ward/township, rural district/urban district/provincial town, province/city) where the infants are born (Example: Dinh Bang commune. Tu Son district. Sac Ninh province).

h/ Birth registration tor abandoned infants

Where infants are abandoned and enclosed with papers carrying information on their fathers and/ or mothers, who cannot be found after the notification is made according to Clause 2. Article 16 of Decree No. 158/2005/ND-CP, such information will only be recorded in the "notes" column of birth registration books; the sections on mothers and fathers in the birth registration books and the infants' birth certificates shall be left blank.

2. Marriage registration

a/ Upon marriage registration, each marital partner shall fill in a marriage registration form. If both partners reside in the same commune: ward or township, or work in the same unit of the people's armed forces, they need to fill in only one marriage registration form.

b/The written marital status certification for carrying out marriage registration procedures and the marital status certification in the marriage registration form are both valid for proving the marital status of the marital partners; upon marriage registration, both partners need to submit either of the two above-said papers.

c/The marital status certification must clearly state: The person concerned is currently single (Example: Mr. Nguyen Van A, currently residing at..., and single); for married persons who were divorced or their spouses have died, such must also be clearly stated (Example: Mr. Nguyen Van A, currently residing at.... married but divorced under Divorce Judgment No... of day... month,.. year... of the People's Court of.... currently being single).

d/ For persons who have resided at different places (including the duration of residence overseas) where their marital status is not known to the commune-level People's Committees of localities where their marital status will be certified, such persons are requested to write the commitment on their marital status during the time before they return to reside in such localities and bear responsibility for their commitment.

e/ Upon certification of marital status in tilt marriage registration forms, commune-level People's Committees shall also record such in the marital status certification books for management. The number/volume number of the marital status certification book is additionally inscribed after the section on the validity duration of the certification. This certification is valid for 6 months from the date of issue. (Number.../volume number...).

f/ Civil status certification papers or marriage registration declaration forms with the marital status certification in the marriage registration dossiers of two marital partners must be originals. Marital status certification papers inscribed with other use purposes must not be used for carrying out marriage registration and vice versa marital status certification papers already inscribed with the use purpose for carrying out marriage registration shall not be used for other purposes.

g/ When the persons concerned request re-certification of marital status in the marriage registration forms as the previous certification has expired, they must return the old marriage registration forms; in cases they declare the loss of marriage registration forms, there must be written commitment on non-registration of marriage; the commitment shall be kept in the marital status certification dossiers. The marital status re-certification must be recorded in the marital status certification books. The "notes" column of the marital status certification books (including first-time certification and re-certification) shall be clearly inscribed with "Already re-certified the marital status on day... month... year.... reasons for re-certification..."

This guidance also applies to the handling of requests for re-issue of marital status certification papers to be used for the marriage purpose.

h/ 'When either or both marital partners request to withdraw their marriage registration dossiers, the commune-level People's Committees shall return the dossiers and. at the same time, guide them to return the marital status certification papers or the marriage registration forms certified by the commune-level People's Committees which have issued the marital status certification for noting down. in the marital status certification books of the non-registration of marriage: for marriage registrants being officers or ranks and files in the people's armed forces, such will be notified to their unit commanders.

3. Child adoption registration

a/ The child adoption registration form (Form STP/HT-2008-TKNCN) will replace the written agreement on child giving and taking in the following cases:

- The adopted child is an abandoned child, whose natural father and/or mother cannot be found and who has not yet been sent to any nurturing establishment;

- The father and mother of the child have both died, been missing, lost their civil act capacity or beer, restricted in their civil act capacity without anyone or organization acting as the child's guardian.

b The request for replacement of the natural-parents declaration by the adoptive-parents declaration in the adopted child's birth certificate or birth registration book under Clause 2. Article 28 of Decree No. 158/2005/ND-CP shall be refused in the following cases:

- Replacement of the declaration on either natural parent by the declaration on either adoptive parent while retaining the declaration on other natural parent:

- Replacement of the natural-parents declaration by the adoptive-parents declaration if either or both natural parents have died.

c/ If at the time of handling a request for birth re-registration for an adopted child under Clause 2. Article 28 of Decree No. 158/2005/ND-CP. the adoptive father and/or mother request a change of the adopted child's family name from his/her natural father/mother's family name into his/her adoptive father/mother's family name, the adopted child's family name will be recorded after the adoptive father/mother's family name immediately upon birth re-registration without carrying out any procedures for change of family name.

d/ A step-mother may adopt children of her husband's previous marriage and a step-father may adopt children of his wife's previous marriage when the child adoption conditions prescribed in the Law on Marriage and Family are fully met.

e/ The child adoption, which alters the family ranks (such as when grand-fathers and/or grand mothers adopt their grandchildren as adopted children or elder brothers or sisters adopt their younger brothers and/or sisters as their adopted children), shall not be approved.

4. Father, mother or child recognition registration

a/ In case a child's father and mother live together as husband and wife but without marriage registration, then the mother leaves the child to the father, going away with unidentified address, the father may carry out the procedures for child recognition without opinions of the mother. Upon birth registration, the section for the mother in the birth certificate and birth registration book will be filled in like the birth certification paper. If the birth certification paper is not available, it will be fiiled in with the father's declaration: if the father does not make any declaration on the mother, it will be left blank.

b/ In case a child is born before the marriage registration by his/her parent and is recognized by the parent, the father's name will be immediately inscribed in the child's birth certificate and birth registration book and the father is not required to carry out the procedures for recognition of child.

5. Civil status alteration or correction, re-determination of nationality, re-determination of gender, civil status addition, civil status adjustment

a/ For cases in which the civil status registration was made at provincial-level People's Committees or made during the French domination or former Saigon administration's rule in the unique civil status registration book being kept it a provincial/ municipal Service of Justice, such Service of Justice is also competent to settle civil status alterations or corrections, re-determination or nationality, redetermination of gender, civil status additions and civil status adjustments.

b/ For cases in which the birth registration was made at a provincial/municipal Service of Justice according toArticles49and 50 ofl Decree No. 158/ 2005/ND-CP, such Service of Justice is also competent to settle civil status alterations or corrections, re-determination of nationality, redetermination of gender and civil status additions.

c/ For cases of correction of the birth 11 day, month and/or year, the birth day, month and/or year inscribed in the current birth certificate of the correction requester will serve as a, basis for calculation of age for determination of the competence to handle the correction request.

d/ In case a person concerned produces a birth certificate issued during the French domination or the former Saigon administration's rule to tarry out procedures for civil status alteration or correction, re-determination of nationality, re-determination of gender, civil status addition, he/she shall fill in the procedures for re-issuance of the original of a new birth certificate (if the former birth registration book is still archived) or the procedure for birth re-registration (if the former birth registration book is no longer archived. The original of a new birth certificate may be used for carrying out procedures for civil status alterations or corrections, redetermination of nationality, re-determination of gender or civil status additions. Former birth certificates shall be recovered and archived.

e/ If overseas Vietnamese returning to the country for permanent residence, who have made notes in the civil status books on birth declaration: marriage; father, mother and child recognition: child adoption, which had been registered at competent bodies of foreign countries as provided for in Section 4, Chapter HI of Decree No. 158/ 2005/ND-CP. request civil status alterations or corrections, re-determination of nationality, redetermination of gender, civil status additions or civil status adjustments, their requests may be settled according to the order and procedures specified in Section 7, Chapter II of Decree No. 158/2005/ND-CP and the guidance in this Section.

Civil status alterations or corrections, redetermination of nationality, re-determination of gender, civil status additions and civil status adjustments in this case may be carried out at provincial/municipal Services of Justice, which have noted down the civil status affairs.

f/ In case Vietnamese citizens have already made civil status registration at foreign-based Vietnamese diplomatic missions or consulates, then return to reside in the country and request civil status alterations or corrections, re-determination of nationality, re-determination of gender, civil status additions or civil status adjustments, the provisions of Section 7. Section II of Decree No. 158/2005/ ND-CP and the guidance in this Section will apply.

The competence to settle civil status alterations or corrections, re-determination of nationality, redetermination of gender, civil status additions or adjustments in this case is determined as follows:

- Civil status alterations or corrections (for persons aged under 14 years old), civil status additions or adjustments for all cases, regardless of ages, may be carried out at the commune-level People's Committees of localities where the persons concerned reside.

- Civil status alterations or corrections (for persons aged full 14 or older), re-determination of nationality, re-determination of gender for all cases, regardless of ages, may be carried out at the People's Committees of rural districts, urban districts or provincial towns (below referred to as district-level People's Committees), where the persons concerned reside.

After making civil status alterations or corrections, re-determination of nationality, redetermination of gender, civil status additions or adjustments, district- or commune-level People's Committees shall notify such to the Ministry of Foreign Affairs for the latter to further notify Vietnamese diplomatic missions and consulates in the countries where the persons concerned have made their civil status registration for making notes in civil status books. If civil status books have been transferred to the Ministry of Foreign Affairs for archival, the Ministry of Foreign Affairs shall also make notes on such changes.

g/ The correction of contents in the original of a birth certificate, especially the correction of birth day, month and/or year, may be settled only when there are enough grounds to determine that when the birth registration was carried out. there were errors in recording by judicial, civil status officials or in declaration by the persons concerned. Requests for correction of contents in originals of birth certificates when the persons concerned deliberately falsify the previously registered truths to formalize their current persona, files and papers shall not be settled.

h/ If a person's birth certificate is recorded only with the year, not the day nor month of birth and that person requests the additions, the birth day and month will be recorded in accordance with the birth certification paper, if the birth certification paper is not available, the birth day and month will be determined as follows:

- For persons without personal files or papers recorded with their birth days and months, the birth days and months shall be determined according to written commitments of their natural fathers and/ or mothers or guardians (for under-6 children); or according to declarations of the addition requestors, with certification of witnesses (for persons aged full 6 years or older).

- For persons with personal files or papers such as household registration books, people's identify cards, school records, graduation diplomas, cadres' curriculum vitae. Party members' life stories, which have all be recorded with unique birth days and months, their birth days and months will be determined according to those birth days and months. If their birth days and months were recorded differently in the above-mentioned files or papers, their birth days and months will be determined according to the birth days and months in the papers first made.

- If the birth days and months cannot be determined under the above guidance, they may be determined as January 1.

i/ If civil status registration books are still archived at both commune-level and district-level People's Committees, the persons concerned may opt to request the civil status additions or adjustments at the commune- or district-level People's Committees.

The notification and recording in civil status books after civil status additions or adjustments must comply with Article 40 of Decree No. 158/ 2005/ND-CP.

j/ Ail notes on civil status alterations or corrections. nationality re-determination, gender re-determination. civil status additions or adjustments must be stamped by the note-making agencies at the note content sections in the civil status books and the backsides of the originals of civil status papers. If the civil status alterations or corrections, the nationality re-determination, gender redetermination, civil status additions or adjustments fall under the jurisdiction of district-level People's Committees, the heads or deputy-heads of the Justice Sections shall make the notes and stamp the seals of the Justice Sections.

6. Late birth or death registration

a/ In case of late birth registration for adult persons whose either or both parents have died, it will be based on personal papers stating the parent-child relations, which are produced by the persons concerned; if such papers are not available, the civil status registration offices shall verily and clarify such relations before registration.

This guidance also applies to cases of birth re-registration for adult persons whose either or both parents have died.

b/ Upon late birth registration for cadres and public servants or officers and men in the armed forces, those persons shall submit dossiers and personal papers such as: household registration books, people's identify cards, school records, graduation diplomas, cadres' curriculum vitae, Party members' life stories; if those persons' agencies or units refuse the copying of cadres' curriculum vitae or Party members' life stories for the reason of confidentiality, there must be certification by heads of such agencies or units of those persons" birth registration contents (such as family name. sex. birth date, ethnic group, citizenship, native place, parent-child relations) inscribed in personal files managed by the agencies or units.

This guidance also applies to birth re-registration for cadres and public servants or

officers and men in the armed forces, who have no copies of previously issued valid birth certificate;.

c/ The late birth registration for children in cases defined in Clause 1, Article 96 of Decree No. 158/ 2005/ND-CP must also comply with the provisions of Articles 43,44 and 45 of Decree No. 158/2005 ND-CP.

7. Birth, death, marriage or child adoption re-registration

a/ If commune-level People's Committees have no grounds to determine that the persons concerned have already made civil status registration, they will only certify the non-archival of civil status registration books of that year; if the civil status is registered at district-level People's Committees, district-level People's Committees shall give the certification. The certification of non-archival of civil status registration books may substitute the certification of civil status registration by persons concerned.

This guidance also applies to the re-registration of birth, death, marriage or child adoption involving foreign elements under Clause 1. Article 59 of Decree No. 158/2005/ND-CP. if such civil status affairs were previously registered at commune- or district-level People's Committees.

b/ If birth, death, marriage or child adoption re-registrants can produce previously issued valid civil status papers, certification by commune-level People's Committees which carried out civil status registration is not required.

c/ If the persons involved possess the originals of their birth certificates but the previous civil status registration books have not been archived or the previous birth registrations have not been recorded in the birth registration books, their requests for re-registration will be settled like the cases of re-registration for persons with previously issued valid birth certificates.

Birth registration contents must follow the contents of originals of the birth certificates produced by the persons concerned. After re-registration and issuance of originals of new birth certificates, the originals of old birth certificates shall be recovered and kept in the files.

III. CIVIL STATUS REGISTRATION INVOLVING FOREIGN ELEMENTS

1. Birth registration involving foreign elements

a/ If children are born overseas and their births are not yet registered overseas, the provisions of Section 1. Chapter III of Decree No. 158/2005/ ND-CP and the guidance in this Section also apply to birth registration when:

- A child has either parent being a foreigner while the other is a Vietnamese citizen; and his/ her parents have marriage certificates;

- A child returns to reside in the country.

The birth registration for children in this case is carried out at the Justice Sendees of provinces or cities where the children are actually residing.

Upon birth registration, birth registrants shall pledge that such children's births have not been registered overseas, and at the same time produce such children's passports (if any); if the children have no birth certifications or other papers evidencing their births, birth registrants shall make written commitments on the children's births. The children's citizenship is determined as follows:

- If children bear foreign passports, their citizenship will be foreign citizenship (as stated in the passports);

- If children do not bear foreign passports, their citizenship will be determined under (written) agreement of their fathers and/or mothers: in case of absence of the parents" agreement on selection of citizenship for their children (for the reason that the father and mother cannot contact each other).

The children's citizenship will be Vietnamese as the citizenship of the fathers or the mothers being Vietnamese citizens.

The "notes" column of the birth registration books must be inscribed with "the child was born overseas, and birth registration was not carried out overseas."

b/ In case of birth registration for children born in Vietnam whose fathers or mothers are Vietnamese citizens while the others are foreigners, if the fathers and/or mothers opt to take Vietnamese citizenship for their children, the written agreement of the fathers and mothers is also required under the Law on Vietnamese Nationality; in case of absence of parents' agreement on selection of citizenship for their children (for the reason that the father and mother cannot contact each other), the children shall bear the Vietnamese citizenship like the citizenship of their fathers or mothers being Vietnamese citizens.

c/ If the parents opt to take Vietnamese nationality for their children, the children shall bear Vietnamese names (example: Do Nhat Thanh) or combined names between Vietnamese names and foreign names (example: Do Nhat Randy Thanh) as selected by the parents.

2. Recording of civil status affairs of Vietnamese citizens, which have been registered at competent agencies of foreign countries

For overseas Vietnamese returning to permanently reside in the country, whose birth: marriage: father, mother or child recognition, child adoption, which were already registered at competent agencies of foreign countries, have been noted down in civil status books under Section 4. Chapter III of Decree No. 158/2005/ND-CP. directors of provincial/municipal Services of Justice shall sign and issue to persons concerned the originals of birth certificates (Form STP/HT-2008-KS.GC): marriage certificates (Form STP/HT-2008-SH-GC); father, mother or child recognition decisions (Form STP/KT-2008-CMC.GC): child adoption recognition decisions (Form STP/HT-200S-NCN.GC) according each noted-down civil status affair.

IV. ISSUE OF COPIES OF CIVIL STATUS PAPERS FROM CIVIL STATUS BOOKS, RE-ISSUE OF ORIGINALS OF BIRTH CERTIFICATES

1. Issue of civil status papers from civil status books

When provincial/municipal Services of Justice issue copies of civil status papers from civil status books while the previous civil status affairs were registered by provincial-level People's Committees under the Government's Decree No. 83/1998/ND-CP of October 10,1998. on civil status registration, the Services of Justices shall use the copy forms (used at the Services of Justice, promulgated together with the Justice Minister's Decision No. 01/2006/QD-BTP of March 29, 2006), to issue copies to citizens. When using these forms, the Services of Justice shall add the sections for inscription of the family names and titles of the previous signatories to the civil status forms.

2. Re-issue of originals of birth certificates

a/' For birth registration at provincial-level People's Committees or civil status registration during the French domination or former Saigon administration's rule, with only 1 birth registration book being currently kept at provincial/municipal Services of Justice, the Services of Justices where the birth registration book is kept are also competent to reissue originals of birth certificates.

b/ If district-level People's Committees reissue originals of birth certificates while the birth

registration bocks are kept at commune-level People's Committees, the former shall request the latter to supply information for filling in the originals of birth certificates. The commune-level People's Committees shall extract information for written replies or copy, duplicate the relevant pages of the birth registration books with their certifications and send them to district-level People's Committees.

c/ When reissuing originals of birth certificates, the Services of Justices and the district-level People's Committees max not open separate books but shall only note down the reissue of originals in the "notes" column of the birth registration books as provided for in Clause 2. Article 63 of Decree No. 158/2005/ ND-CP. The number and book volume number inscribed in the re-issued originals of birth certificates must follow the number and book volume number of the previous birth registration book.

d/ If persons concerned request the reissue of originals of birth certificates and also the addition of contents in the originals of birth certificates, the Services of Justice or district-level People's Committees shall add the contents in the birth registration books first, then reissue the originals of birth certificates according to the added contents in the birth registration books.

V. INSCRIPTION OF CIVIL STATUS FORMS. CIVIL STATUS BOOKS

1. Inscription of civil status forms

Upon civil status registration, judicial civil status officials, judicial officials of Justice Sections or civil status officials of Services of Justice shall themselves write in the originals of the civil status papers, not type nor print according to programmed civil status software.

For the issue of copies of civil status papers from civil status books, they may type or print according to programmed civil status software.

2. Correction of errors in civil status books

As the civil status books are original documents, the information inscribed in civil status books must be absolutely accurate. If the contents of the originals of civil status papers are correct while the contents in the civil status books are incorrect, the incorrect contents in the civil status books must be corrected to match the originals of the civil status papers.

The correction of errors in civil status books is carried out as provided in Clause 1. Article 69 of Decree No. 158/2005/ND-CP.

VI. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in "CONG BAO."

Promulgated together with this Circular are the following forms (not printed herein):

Form STP/HT-2008-TKNCN

Child adoption registration declaration

Form STP/HT-2008-KS.GC

Birth certificate (original)

Form STP/HT-2008-KH.GC

Marriage certificate (original)

Form STP/HT-

2008-

CMC.GC

Father, mother or child recognition decision (original)

Form STP/HT-2008-NCN.GC

Child adoption recognition decision (original)

2. Any problems or new matters arising in the course of implementation should be reported in writing by provincial/municipal Services of Justice to the Ministry of Justice for guidance.